Court battle against sale of violent video games
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Court battle against sale of violent video games
by Martian » November 2nd, 2010, 6:46 pm
Today, the U.S. Supreme Court hears arguments in the case of Schwarzenegger v. EMA/ Entertainment Software Association. They’ll decide whether a California law, which would restrict the sale of “violent” computer and video games, is constitutional.
What does this mean to you, Gaming fans?
This case could have huge implications for the industry. No one is sure what counts as a “violent” game, so the California law would suppress game developers’ imagination and right to self-expression. It would also prohibit retailers from selling the games that might be perfectly legal, “just in case.” It could mean an environment where “God of War” is banned from retail shelves, but the sometimes violent written works detailing Greek myths are still available on bookstores shelves and taught in classrooms.
It’s a slippery slope, and the California law is similar to what Congress tried to do to comic books over fifty years ago. In a letter of support for video games, comic book legend Stan Lee explained:
“A Senate subcommittee investigated and decided the U.S. could not “afford the calculated risk involved in feeding its children, through comic books, a concentrated diet of crime, horror and violence.” Comic books were burned… Looking back, the outcry was — forgive the expression — comical. Substitute video games for comic books and you’ve got a 21st century replay of the craziness of the 1950s.”
If the Supreme Court sides against the video game industry, developers could experience a creative chilling effect, because the government could essentially tell determine what games could and could not be created. It would also open up states to pass a patchwork of legislation around the country, requiring publishers to release many different versions of each game they publish. And, these same restrictions could eventually be applied to other creative mediums like movies, books and music. The result would be a huge foot on the brake for innovation in one of our nation’s most dynamic economic sectors.
But there are common-sense reasons to oppose this law as well, most importantly this: The decision over whether to buy a video game or a book or a movie should be made by responsible parents, not the government.
Fortunately, the courts have historically aligned themselves on the side of video games. The Ninth Circuit Court of Appeals already ruled that the California law is unconstitutional, and every other state and federal court case has ruled in favor of video games as protected speech.
What does this mean to you, Gaming fans?
This case could have huge implications for the industry. No one is sure what counts as a “violent” game, so the California law would suppress game developers’ imagination and right to self-expression. It would also prohibit retailers from selling the games that might be perfectly legal, “just in case.” It could mean an environment where “God of War” is banned from retail shelves, but the sometimes violent written works detailing Greek myths are still available on bookstores shelves and taught in classrooms.
It’s a slippery slope, and the California law is similar to what Congress tried to do to comic books over fifty years ago. In a letter of support for video games, comic book legend Stan Lee explained:
“A Senate subcommittee investigated and decided the U.S. could not “afford the calculated risk involved in feeding its children, through comic books, a concentrated diet of crime, horror and violence.” Comic books were burned… Looking back, the outcry was — forgive the expression — comical. Substitute video games for comic books and you’ve got a 21st century replay of the craziness of the 1950s.”
If the Supreme Court sides against the video game industry, developers could experience a creative chilling effect, because the government could essentially tell determine what games could and could not be created. It would also open up states to pass a patchwork of legislation around the country, requiring publishers to release many different versions of each game they publish. And, these same restrictions could eventually be applied to other creative mediums like movies, books and music. The result would be a huge foot on the brake for innovation in one of our nation’s most dynamic economic sectors.
But there are common-sense reasons to oppose this law as well, most importantly this: The decision over whether to buy a video game or a book or a movie should be made by responsible parents, not the government.
Fortunately, the courts have historically aligned themselves on the side of video games. The Ninth Circuit Court of Appeals already ruled that the California law is unconstitutional, and every other state and federal court case has ruled in favor of video games as protected speech.

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Re: Court battle against sale of violent video games
by Martian » November 3rd, 2010, 12:45 am
This i found hilarious!! Arnold Schwarznegger an action, blood, guts, big guns and violent aliens film star is pushing a bill to take violent games off the shelves!
This surely is just to increase his popularity!?
If this gets passed then i would like to get a bill passed in California were his films are banned to protect children from violence
This surely is just to increase his popularity!?
If this gets passed then i would like to get a bill passed in California were his films are banned to protect children from violence

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Re: Court battle against sale of violent video games
by Darwin Machiavelli » November 3rd, 2010, 10:28 pm
Martian wrote:This i found hilarious!! Arnold Schwarznegger an action, blood, guts, big guns and violent aliens film star is pushing a bill to take violent games off the shelves!
This surely is just to increase his popularity!?
If this gets passed then i would like to get a bill passed in California were his films are banned to protect children from violence
I don't technically believe he is in office anymore. His successor, therefore, may or may not approve of the bill.
Typical video game translations:
¡Te quiero ver... con una bala en tu cabeza!
Je veux te voir... avec une balle dans ta tête!
I want to see you… with a bullet in your head!
(~I was bored and made this~)

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